No win, no fee (sometimes known as no win, no pay) is now a standard offering among certain types of law such as workers compensation, road injury claims and public place injury cases. It offers a number of advantages such as access to justice and nothing to pay upfront but is it really risk-free if you lose? With most firms, the answer is no. While you technically might not owe your law firm any fees if you lose, you may still get left out of pocket.
No win, no fee seems like a no-brainer. Don’t win, don’t pay seems to be the message. However, the vast majority of law firms offering no win, no fee compensation have hidden risks hidden within the small print of their client agreements. If your case goes to court and you lose, you might be liable for the other sides costs and other expenses which could be very expensive. Unlike most firms, Smith's protects you from all risks with our 'No Win. No Fee. No Catch' promise which means nothing to pay us or anyone else if you lose.
Below is a breakdown of what can happen if you lose before reaching court or once in court.
A high number of compensation cases are settled before reaching court. Typically this would be at a so-called 'compulsory conference' between your law firm and the at-fault parties insurer (such as CTP insurer of the at-fault driver or WorkCover for work injuries). At this stage, if you lose then you should not be left out of pocket with most law firms (although you should always check for hidden risks).
If your case is unsuccessful pre-court then your law firm may recommend ending the claim at this point or progressing the matter to court. It’s the claims that go to court that come with the biggest risks.
If your case progresses to court then there are substantial risks with the majority of no win, no fee law firms. If you lose then;
This represents a major risk with most no win, no fee agreements. While it will be covered in the client agreement fine print it is rarely stated on advertisements or websites of no win, no fee law firms.
All compensation claims with Smith's Lawyers are 100% risk-free. All our clients are covered by Queensland's first risk-free compensation promise, 'No Win. No Fee. No Catch' which protects you for all financial risks, even in the unlikely event that the claim is unsuccessful in court.
It’s important to get advice for your specific situation. Check if you can make a risk-free compensation claim and get free initial advice from our Principal lawyer, Greg Smith.